JH S.B. 1134 75(R) BILL ANALYSIS URBAN AFFAIRS S.B. 1134 By: Whitmire (Bosse) 4-17-97 Committee Report (Unamended) BACKGROUND Currently, state law relating to fire and police department records requires complaints and disciplinary actions of officers to be contained in the officer's personnel files. The concern exists that some overturned complaints maintained in an employee's personnel record are considered public record and may be used maliciously against a public employee. This bill requires a police or fire department in a city with a population of 1.5 million or more to transfer all documentation about completely overturned charges against a police officer or fire fighter to an Internal Affairs file. PURPOSE This bill requires a police or fire department in a city with a population of 1.5 million or more to transfer to all documentation regarding completely overturned charges against a police officer or fire fighter to an Internal Affairs Division file. RULEMAKING AUTHORITY It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency or institution. SECTION BY SECTION ANALYSIS SECTION 1. Amends Section 143.1214, Local Government Code, as follows: Adds new heading RECORDS CONCERNING CHARGES OF MISCONDUCT AND DISCIPLINARY ACTIONS to Section 143.1214. (a) Requires a department head to order records of a disciplinary action taken against a fire fighter of police officer to be expunged from certain files, if the disciplinary action was overturned in its entirety by certain persons or entities. Provides that this subsection does not apply if the fire fighter or police officer is charged with excessive force, rather than applying an additional prohibition to this subsection if the disciplinary action was only reduced and not overturned. (b) Requires a police or fire department to maintain an investigatory file that relates to a disciplinary action against a fire fighter or police officer, whether sustained or not, rather than to maintain a document relating to certain disciplinary actions that the department did not sustain. Authorizes the department to release information from investigatory files under Subsections (c) and (d), except that the department may release information from such investigatory files to another law enforcement agency or fire department. (c) Requires only documents stipulating discipline received by a person to be forwarded by the department head to the personnel file maintained by the director. Sets forth requirements for documents to be forwarded. (d) Prohibits files from being released to any party to an action until relevancy is judicially determined and an application for a protective order limiting the use of a file has been filed. Authorizes the department head or the departments head's designee to stipulate that a file is relevant. Requires the department head to ascertain that an application for protective order limiting the use of the records to the immediate litigation has been filed each time such file is sought in a civil or criminal action, prior to any release of a department file. (e) Provides that nothing in this section is to be construed as to prevent a police officer or fire fighter from having access to any personal file pursuant to Section 143.089. SECTION 2. Effective Date September 1, 1997. Makes application of this Act prospective. SECTION 3. Emergency Clause.